28th June 1820
Reference Numbert18200628-85

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806. JOHN PANNIFER was indicted for stealing, on the 5th of January , one promissory-note, for payment of and value 10 l, and three 1 l. Bank notes the property of William Waterhouse , Thomas Botham , George Botham , John Halcomb , Richard Banks , John Townsend , William Parsons , and Bradshaw Lewis Reilly .

SECOND COUNT, the same, only stating it to belong to William Stephens .

MESSRS. ADOLPHUS and HONE conducted the Prosecution.

WILLIAM STEPHENS . I live at Kingsdown, near Bristol, and am a bookseller . On the 4th of January I sent one 10 l. Chepstow Bank, and three 1 l. Bank of England notes, in a small parcel, to Mr. Kelly, bookseller, Paternoster-row - I made it up myself, put the notes inside an order for books, made it up in the form of a letter, and put four other letters for other persons in it beside. I enclosed them all in a blue paper, which I sealed in two or three places with wax, and folded that in brown paper, which I sealed and tied, and directed it

"Mr. Thomas Kelly , No. 17, Paternoster-row, London," and took the parcel myself to the coach-office, at the Bush Tavern, Bristol, about three o'clock, where the mail goes from; delivered it to Thomas, the book-keeper, and paid him two-pence for booking; it was to go off that night by the mail, which leaves about four o'clock.

JOSEPH THOMAS . I am book-keeper at the Bush Tavern, Bristol. On Wednesday, the 4th of January, Mr. Stephens brought a parcel to the office for London. I took it from his hands myself and placed it in a basket with other parcels to go to London - the basket was in the office by where I sit. He brought it about an hour before the mail started. James Morris puts the parcels in the seat of the coach and locks the seat up. The key is kept hung up in the office - another key is kept at Bath, one at Marlborough, one at the Gloucester Coffee-house, Piccadilly, and another at Lad-lane. On the 4th of January I booked four inside passengers, and have the book here. On Monday morning, at half-past ten o'clock, a gentleman came and asked if he could go to London on Wednesday night - I said he could. I have seen him since in London, but lost him. He booked two inside places for London, in the name of Johnson. While he was paying the money, in came another person, who I believe to be the prisoner, but will not swear to him. He paid me for a place to London in the same mail, in the name of Wheeler. In the course of an hour a gentleman in black came, and asked if there was room for another person in the mail for London - I said there was, and he took a place in the name of Franklin. Another gentleman applied afterwards for a place in the name of Hensall - he could not have it, and took one outside.

Q. When the mail started, were all the persons in and on the coach - A. Yes; they all four got in, in a moment. Mr. Hensall was on the roof. On Thursday morning I was informed of several parcels having been opened and their contents taken out. I went to the Mansion House in about a month, saw the prisoner in custody, and was satisfied in my own mind that he was one of the party who took the places. He was not pointed out to me.

Cross-examined by MR. ANDREWS. Q. The seat is a common place for putting in all small parcels - A. It is

I believe another person was charged with this offence before the prisoner; he has been transported for another offence, and this charge was reserved against him, in case he should have been acquitted. I took particular notice of them all; for finding so many applications for London in the course of an hour, I thought there must be some law-suit going on. I believe he had a black hat, white handkerchief, and black coat. The proprietors, at the places I have mentioned, keep the keys of the seats. The coach stops at Marlborough fifteen minutes to sup. I have not heard of any servant there being discharged.

JAMES MORRIS . I am porter at the Bush coach-office, Bristol. On the 4th of January I put all the parcels in the seats of the mail - both seats had parcels in them - I locked them, and hung the key up under the desk of the office. I remember putting a brown paper-parcel for Mr. Kelly into the seat - I had marked No. 9 on it. The mail started at four o'clock. There were four passengers inside - they had no luggage, except a very small brown valice. Two came first and two afterwards, about three minutes apart from each other - one gentleman was outside - they all started with the coach at four o'clock.

Cross-examined by MR. BARRY. Q. Parcels, which the proprietors have a premium for, are put in so the seat with others - A. They are. I am sure I locked the seat - nobody could have had possession of the key after I locked it before the coach set off.

THOMAS ELLIOTT . I am porter at the Swan with Two Necks. The Bristol mail came in on the morning of the 5th of January, a little after nine o'clock. I unlocked both seats myself - the parcels appeared just the same as on another morning. A small parcel was entered in the weigh-bill for Mr. Kelly - I chequed it off as having arrived. The parcels were delivered to different porters - Crouch was one of them. About two o'clock I heard of some parcels having been opened.

Cross-examined by MR. ANDREWS. Q. Have you more than one key - A. No: it opens both seats. I opened the seats the moment the mail arrived. It was bad weather, and I believe frosty.

SAMUEL CROUCH . I am porter at the Swan with Two Necks. On the 5th of January I delivered the parcels about town. I delivered one to Mr. Kelly, Paternoster-row. I delivered it to Bird, the shopman.

Cross-examined by MR. BARRY. Q. Who delivered it to you - A. It was called over and thrown into my place about ten minutes after it arrived, and I delivered it, in about an hour and a half, in the same state I received it.

JAMES BIRD . I am shopman to Mr. Kelly. On the 5th of January I received the parcel from Crouch, and put it on the desk in the counting-house till he came down, which was in a few minutes. Nobody went into the counting-house till he came down, except a young lad, who is here. Mr. Kelly called me to see the parcel - it was done up in such a way that it might pass anybody's eye - it had been opened. I saw him take out letters, they had all been opened.

Cross-examined by MR. ANDREWS. Q. What time did it arrive at your house - A. About half-past two o'clock, I think.

CROUCH re-examined by MR. ANDREWS. Q. How came you not to deliver it before two o'clock - A. I delivered it before twelve o'clock I am certain, for I went round Clerkenwell afterwards and got home before two o'clock. I had the parcels in a cart. I had a boy with me - he has been turned away, I do not know what for. He was not in the cart till after I took this parcel out to deliver it. I then left him at the end of Paternoster-row with the cart.

THOMAS KELLY . I am a bookseller, and live in Paternoster-row, On the 5th of January I received a parcel from Mr. Stephens, of Bristol, with an order and letters in it - the packthread was round it, apparently safe, but on undoing it I found the seals broken; this is the brown paper that was outside - (producing it) - there was also a blue paper. The seals of both were broken, and the seals of the letters were also broken. The order mentioned that there was 13 l. enclosed, but no notes were in it then.

WILLIAM STEPHENS re-examined. They are the four letters I sent in the parcel, and this is the paper that covered it.

JAMES MORRIS . The figure of 9 was on the paper which I marked.

DAVID HIGHLAND . I am one of Mr. Kelly's shopmen. I was in the counting-house when Mr. Kelly came in and took up the parcel; nobody had been in there but Bird.

ELIZA MORRIS . I am the wife of John Morris , who is a mariner, and lives at Bristol. On Monday, the 3d of January, I was at the St. John's porter-house there - Merchant kept it. I was coming out between eleven and twelve o'clock in the morning, and met five men going in - I knew one of them, it was William Freeman - I shook hands with him. I well know the prisoner to be one of them, I knew him before, he was at Bristol last September, and went by the name of Wellington; they all five came in, called for breakfast at Merchant's, and conversed together as companions. When Freeman shook hands with me he asked me if I had heard his old woman was dead. I returned between two and three o'clock, and saw the same five men sitting together in the parlour, and I am sure the prisoner was one of them; they called for dinner, and while it was getting ready they asked if they could have beds - they were asked how many they should want - they said two. Freeman said he lived in Bristol, and should not sleep there. In the course of the evening they said they should go to the Play. I came to the house as an assistant to Merchant. Two went out first, and the other two followed - Freeman had left them then. They all four returned and slept there. I saw the prisoner with them. Next morning they sent for breakfast, after that they went out, returned, and dined together there - Freeman dined with them. While they were at dinner I heard them say they were going to take places in the mail for London. I know Freeman did not go in the mail, for I saw him afterwards.

Q. Did you see them go out of the house to go to the mail - A. I saw them go out between half-past three and a quarter before four o'clock, and as they were going, they said,

"If we do not look sharp we shall be too late for the mail." They went up stairs, fetched down their great coats, and I believe there was a little portmanteau. They went up Small-street, in a direction to the Bush.

Q. How soon after that were you brought to London - A. About a month after, and was taken to the Mansion House, I there fixed on the prisoner as being one of the

men, he was not pointed out to me. I saw him in the middle of a crowd, and knew him directly. I am sure and positive he is the person.

Cross-examined by MR. BARRY. Q. Have you been married twice - A. Yes, I married my first husband in Wales. I do not sleep at Merchant's house.

Q. Who did you first inform of this dinner party - A. I went to live servant at the Bank tavern, John-street, and one day I was reading the newspaper; the first thing I saw was the robbery of the mail, and a description of the parties. I said directly to the landlady

"I am confident they are the same men that slept at Merchant's last Monday." A person afterwards told the book-keeper, I was sent to town, and identified the prisoner.

JAMES MERCHANT. I keep the St. John's porter house, at Bristol. On Tuesday, the 3d of January, four persons lunched and dined at my house - my daughter waited on them. They slept there, breakfasted and dined the next day. On the second day a fifth person dined with them.

Q. Have you seen either of them since - A. I thought I saw one of them during the trial of the conspirators. I have not seen him since. I am certain the prisoner is one of them - I knew him before, for he was at my house last September fair several times. I have no doubt of his person. I went to see him at the Mansion House, and saw him with four or five others, and pointed him out myself.

Cross-examined by MR. ANDREWS. Q. Was the prisoner ironed when you saw him - A. I think not. Morris came occasionally to my house to get a pint of porter.

Q. Is she not a loose woman about Bristol - A. Not that I know. I did not see her in the room where the men were - she might assist in washing a few things, but she did it voluntarily. I had a few more persons at my house that day.

COURT. Q. Had you any other dinner party - A. No.

ANNA MERCHANT . I am wife of the last witness. On the 3d of January, there where four persons dining and sleeping there. I am certain the prisoner was one - he also dined and breakfasted there on the 4th. Morris was a sailor's wife, she was at my house on the 3d, and I believe on the 4th. She just came in and washed a few glasses to assist when I was busy. I saw the prisoner at the Mansion House, I am certain of his person. I had seen him at the September fair several times, the fair lasts a month. I saw him for a fortnight in and out.

JOSEPH EMERY MERCHANT . I am the son of the last witness. On the 3d of January, I remember four people being at the house. I saw five of them on the 4th - I should know the fifth man. I believe the prisoner to be one of the four, but cannot be positive. I remember them leaving the house on Tuesday, between three and four o'clock. I heard them say they should be too late for the coach or mail.

Cross-examined by MR. ANDREWS. Q. Had either of them a white hat on - A. Not that I know, we had no other party that week.

MARY MERCHANT . I am daughter of James Merchant . On the 3d of January, a party dined, supped, and slept there, and breakfasted next morning. I went into the country before dinner-time. I am positive the prisoner was one of them. I waited on them at dinner on Monday, and was frequently in the room - I have not the least doubt of him. I believe Morris was there part of the time.

MR. EDWARD HENZELL . I am a corn-dealer. On the 4th of January I was at Bristol, and came from there that afternoon outside the mail, as I could not get an inside place - we supped at Marlborough. I went into the same room with the inside passengers. I have no doubt of the prisoner being one of them - we supped at the same table - the coach stopped twenty minutes. I took notice of them from their particular demeanor.

Q. What was that - A. The prisoner went out of the room while we were at supper, without having paid his full fare, which is usual to do there. When the man came in for the fare, the three men then in the room, appeared to be perfect strangers by their conduct to each other - and did not appear to know the prisoner when he came in - he paid the porter the full fare, and the guard who leaves at Marlborough came in for his compliment - they were then silent, not appearing to know each other; but the moment the guard retired, they appeared very familiar, calling each other by their Christian names, and answering together as acquaintances. I had pulled off my coat, and expressed an intention of stopping at Marlborough, and ordered a bed in their hearing; but I came on with the mail, finding I could not get to town in time if I stopped.

Q. Was it after you expressed your intention of stoping, that they conversed with each other by their Christian names - A. It was; till that time they appeared distant to each other. They did not leave the coach anywhere except at Marlborough - two of them got out at Kingston Church, the prisoner I believe was one of them; the other two got out at the end of Sloane-street. I came on to the end of Lad-lane. Nobody else had got inside the coach till I left, except the guard, who got in at the Gloucester coffee-house. I afterwards saw the prisoner at Giltspur-street Compter, and at the Mansion House. I never had any doubt of the prisoner. I am quite positive he is the man.

Cross-examined by MR. ANDREWS. Q. Is your sight good - A. Very good. I never saw anybody like the prisoner - he wore a black coat and waistcoat, and blue trowsers - he had a handkerchief tied round his head. I did not see the guard take any parcels out at the Gloucester coffee-house. I dare say he was in the coach about a quarter of an hour.

WILLIAM BREDMORE . I am porter at the Lamb Inn, Bath. I keep the key of the seat. On the night of the 4th of January, I remember the Bristol mail coming. I put a parcel in the boot that night, but I did not open the seat; there were four inside passengers, they did not get out.

FRANCIS NORTH . I am porter at the Angel at Marlborough. The key of the seat is kept in the office - it is my duty and the book-keeper's to lock and unlock the seat when the coaches stop. On the 4th of January, between nine and ten o'clock, the Bristol mail came and supped. I unlocked the hind seat to look for a parcel, which I found, and locked the seat again; the bookkeeper was there. No other person searched the seat.

THOMAS HILLIARD . I am book-keeper of the mails at Marlborough. I remember the Bristol mail coming on the

4th of January, I always look for parcels which are put in the bill

"insured," there was one that night which I found safe, put it in, and locked the seat again.

CHARLES GUNNION . I am porter at the Gloucester coffee-house, and keep the key of the seat of the Bristol mail. On the 5th of January, I examined the seat, and found all safe as I thought - the locks were safe, and the number of parcels right. I locked them up again.

JOHN WICHELON . I am coachman to the Bristol mail, and drove it to town on the morning of the 5th of January, from Newbery. I had four gentlemen inside, and one out. I put down two at the Tuns at Kensington, and the other two at the corner of Sloane-street. I cannot say whether the prisoner was one. I drove to Lad-lane - nobody got inside.

MR. FRANCIS HOBLER . I am clerk to the Lord Mayor, and attended the Mansion House when the prisoner was examined. On the first examination, it was said he answered the description of the man - the prisoner said he had not been out of town for a period of two months. It was on the 1st of February; one William Watson was under examination with him. It appears that on Saturday the 5th of February, he and the prisoner were brought up, a warrant was produced from Birmingham to apprehend Watson, and he was sent there - the prisoner remained for forther examination, the prosecutor being absent.

ANTHONY HARRISON . I am a marshal's-man of the City. I searched some lodgings at No. 93, Leather-lane, which I do not know to be the prisoner's. I produced a portmanteau or valice, and a pair of trowsers to him which I found there, he said they were his. I found four skeleton keys in the portmanteau.

JAMES MORRIS . I think the valice is rather larger, but it is the same colour.

Prisoner's Defence. I have witnesses to prove I was in London at the time.

GEORGE GUILLAN . I keep the Rose and Crown, in Goswell-street. I have known the prisoner sometime; I remember seeing him at my house on the 4th of January, on Tuesday - he first came about half-past eleven o'clock in the morning, and I saw him again about half-past two. He called for a glass of ale, and a young man named Collard, who was in the taproom, drank it from him; he called for a second glass, which my wife served him with, and Collard drank that too - they appeared to be acquainted. I went into the cellar, my beer being off, and and while I was there the prisoner called for a third glass, I heard him. Collard tried to play the same trick, and when I had been in the cellar a few minutes I heard some words between them, and a carpenter, who was repairing the cellar stairs, said,

"Landlord, you had better go up, the men are quarrelling." I went into the taproom, found them fighting, and tried to part them. Collard had got the prisoner under the table, I pulled him away; he came with violence against me, and struck me - he hit me twice because I would not let him fight, and nearly knocked one of my teeth out. The prisoner got a terrible black eye, and his coat was torn in the fight - the flap was torn nearly off - a gentleman assisted me to part them. The prisoner then came into the parlour, and one Allen, who came in, lent him his coat, while his own was sent to Sherwood's, the tailor, to be mended.

Q. How do you know it was the 4th of January - A. Because on the 3d I went to my brewers to pay half a year's rent, said the cellar stairs wanted repairing, and next day the carpenter came to do them.

MR. ADOLPHUS. Q. How long have you known the prisoner - A. About a year. He might call at my house about once a month. He went by the nick-name of Lord Wellington. The man who fought with him lived somewhere in Spitalfields. I had a sore mouth from the blow he gave me for above a week. We settled it between us - he treated me with a glass of brandy to wash my mouth.

Q. When did you first hear of the prisoner being taken up on this charge - A. I cannot say. I did not go to the Mansion House. I was subpoened here the Sessions before last - I mentioned it to no one; they mentioned it to me when they brought the subpoena, I then remembered it. I cannot say when the prisoner was at my house before - he did not come often.

Q. He never came to tell you how bad his eye was - A. Yes, he did the next night - the man he fought with and the tailor were there on that night, to the best of my recollection. My wife is not here.

Q. Can you speak of his being at your house at any other time - A. No.

MR. ANDREWS. Q. Has Collard been attending here - A. I have not seen him this Sessions - he was here in April and May.

SAMUEL PYEBALL , I am a carpenter, and work for Mr. Potter, who is in the employ of Messrs. Goodwyn and Co., brewers. On the 4th of January I was sent to repair the cellar stairs at the Rose and Crown, it was on Tuesday. While I was there there was a skirmish between the prisoner and another man, who is not here; the prisoner got a black eye. The landlord was there and parted them - he got a blow himself. I remained there till six o'clock; the prisoner had his coat torn. I called the landlord out of the cellar to part them. The coat was sent to Sherwood's, the tailor.

MR. ADOLPHUS. Q. Where do you live - A. In Joiner-street, Commercial-road. I know it was on the 4th of January, because I keep an account of my work. I never saw the prisoner before - I only saw him then for a moment.

COURT. Q. What was the longest time that you think you saw the prisoner - A. Ten minutes.

Q. Why, you have-got from a moment to ten minutes! - A. I heard a skirmish, went up, and saw them parted.

Q. When were you first spoken to about coming here - A. In February. I did not go to the Mansion House. I should not know the man he fought with again, but I took more notice of the prisoner.

COURT. Q. They were both equally strangers to you - A. Both. His coat was torn before I got up. I noticed the prisoner because of his black eye - I did not notice the other.

Q. It has been sworn that in the April and May Sessions he was here, did you see him to know him - A.No; I was here with the witnesses.

JOHN POTTER . I live in Lower East Smithfield. I was ordered by the house of Goodwyn and Co. to repair the cellar stairs of the Rose and Crown on the 3d of January - I have a memorandum of it in this book - (producing it.)

COURT. Q. Is this the only memorandum you have - A. It is the order made by Goodwyn and Co.; it goes from June the 3d to the 8th. The work might have been done any day in that week. I went there on the evening of the 3d of January, and sent Pyeball next day to do the job. I made the entry in another book from the account he gave me of his time on Saturday night. The days are not distinguished in the book.

MR. HONE. Q. Was Pyeball working there on Wednesday - A. Yes, three parts of the day on Tuesday, and all Wednesday.

SAMUEL PYEBALL re-examined. I was at the house two days - this happened on the first day; I am certain I was there the whole of the second day - I did not see the prisoner come then with a black eye. I left about eight o'clock in the evening - I drank in the taproom before I left.

WILLIAM SHERWOOD . I am a tailor, and live a few doors from the Rose and Crown. On the first Tuesday in January, about half-past five o'clock in the evening, a man brought a coat, and said he came from a gentleman named Wellington, from the Rose and Crown, and said it must be done that evening - I took it there about half-past nine, and saw the prisoner there with an old drab coat on; I helped him on with the coat. I had a glass of ale, and he paid me for the coat. I was there about a quarter of an hour - several other persons were in the parlour. On the 19th of February, to the best of my recollection, I was called to the Mansion-house to prove this. I am sure the prisoner is the man.

MR. ADOLPHUS. Q. Do you keep books - A. Yes, my apprentice enters every thing in the books as I cannot write.

Q. How do you know this was on Tuesday more than Wednesday - A. It was the second money I had received that year, and I remarked it - it came to 2 s. 6 d. It was not entered in the book till the end of the week.

Q. Did you ever offer any silk handkerchiefs for sale to the solicitor for this prosecution, or to any of his family, saying you bought them at this public-house - A. Not at this house, it was at the Horse-shoe.

COURT. Q. Did the landlord of the public-house go with you to the Mansion House - A. No, but I saw him there.

Q. Your only reason for knowing it was a Tuesday is because it was the second money you took - A. No, I took a pair of pantaloons home afterwards to one Duke, a farrier, in Little Moorfields. I never saw the prisoner with a black eye.

JOHN GREENAWAY . I keep the Robin Hood , public-house, in Leather-lane - the prisoner lodged nearly opposite me for two months before he was taken. On Tuesday morning, the 4th of January, I had my horse and chaise at the door, and was going to Redbourn fair, which was held on Wednesday - he came over to me and asked where I was going, and I told him. This was about a quarter past ten o'clock.

MR. ADOLPHUS, Q. Did you not offer to become bail for the prisoner - A. My name was given in unknown to me. I would have bailed him if I had been asked. Redbourn is about five miles from town; I was going to buy a horse. I saw the prisoner again on Wednesday evening, between nine and ten o'clock, he had a great black eye. I never heard of his being at Bristol fair. I have heard him called Wellington. He called at my house every day, from the 1st to the 8th of January.

MARY MARRIOT . I live at No. 93, Leather-lane; the prisoner lodged with me; he came a fortnight before Christmas, and left the latter end of January, when he was apprehended. He might have slept out for one night - I never recollect his sleeping out two nights together; he occasionally had the key. It is my belief he was not absent two nights together.

MR. HONE. Q. What is your husband - A. A printer, at the Sun newspaper office. I will not swear he was not absent two nights together.

GEORGE GUILLAN re-examined by MR. ADOLPHUS. Q. Since you were examined I have made enquiry, and now ask you if your house is not a common resort for thieves - A. Not that I know of. One Crowther was taken out of my house for thieving about eighteen months ago.

THOMAS PULBERTON . I am apprentice to William Sherwood , and keep his books. I produce the book in which the entries are made - it is entered in a small book as it is done, and then brought into this book. I find a coat entered in the name of Wellington on the 3d of January.

Q. The only date in the account is the 3d of January, which was the first day of the week; under the 3d of January you enter the business of the week - A. Yes, I entered it in the large book on the 4th, because at the end of the week I enquire of the men when the job was done.

MR. HONE. Q. Whose writing is the entry in the small book - A. The journeyman's. We made the prisoner a black coat and waistcoat on the third Monday in January.

WILLIAM SHERWOOD re-examined. Q. You said you did not see the prisoner from the time you saw him in the public-house till you saw him before the Magistrate - A. If you had asked me I should have said I made him a coat and waistcoat. When I measured him his eye was very black.

JOHN POTTER re-examined. I produce the book containing the order for the work to be done at the public-house - it has no date.

GUILTY . Aged 26.

Transported for Seven Years .

First Middlesex Jury, before Mr. Common Sergeant.

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